March 2024 Immigration Visa Bulletin Released

The Department of State released the March 2024 Visa Bulletin. In March, USCIS will accept employment-based Adjustment of Status applications based on the more modest Final Action Dates chart for the first time this fiscal year. Many of the March Visa Bulletin Final Action Dates are more favorable than the February Visa Bulletin Final Action Dates, but they are not as favorable as the February Dates for Filing chart currently in effect. Some key Final Action Dates follow:

• EB-1 China Final Action Date will advance by two weeks to July 15, 2022.
• EB-1 India Final Action Date will advance by one month to October 1, 2020.
• EB-2 Final Action Date for all countries aside from India and China will advance by one week to November 22, 2022. EB-2 India and China will hold steady at March 1, 2012 and January 1, 2020, respectively.
• EB-3 Professional/Skilled Worker Final Action Date for all countries aside from India and China will advance by one week to September 8, 2022. India and China will hold steady at July 1, 2012 and September 1, 2020, respectively.
• EB-5 India and China Unreserved Final Action Date will hold steady at December 1, 2020 and December 15, 2015, respectively.

EMPLOYMENT-BASED (EB) PRIORITY DATE SUMMARY FOR Final Action DATES

As noted above, USCIS confirmed that it will honor the Final Action Dates chart for purposes of eligibility to file an Adjustment of Status application. The March Final Action Dates  are as follows:

EB-1, First Preference Category

• EB-1 Worldwide (including El Salvador, Guatemala and Honduras, Mexico, and Philippines) remains current.
• EB-1 China and India will advance modestly with a Final Action Date cutoff of July 15, 2022 and October 1, 2020, respectively.

 EB-2, Second Preference Category

• EB-2 Worldwide (including El Salvador, Guatemala and Honduras, Mexico, and Philippines) will advance by one week to November 22, 2022.
• China: Final Action Date holds steady at January 1, 2020.
• India:  Final Action Date holds steady at March 1, 2012.

EB-3, Third Preference Category (Professional and Skilled Workers)

• EB-3 Worldwide (including El Salvador, Guatemala and Honduras, Mexico and Philippines) will advance by one week to September 8, 2022.
• China: Final Action Date holds steady at September 1, 2020.
• India: Final Action Date holds steady at July 1, 2012.

Other Workers

• Slight advancement for Worldwide and Mexico. All other categories hold steady from last month:
  • Other Workers (including El Salvador, Guatemala and Honduras and Mexico) will advance by one week to September 8, 2020.
  • Philippines: May 1, 2020
  • China: January 1, 2017
  • India: July 1, 2012

EB-5: Fifth Preference Category (Immigrant Investors)

• For the EB-5 Unreserved categories (C5, T5, I5, and R5), India and China maintain a cut-off date of December 1, 2020 and December 15, 2015, respectively. All other countries will remain current.
• The EB-5 “Set-Aside” categories (Rural, High Unemployment, and Infrastructure) will remain current.

Individuals with a priority date that is before the published cut-off date may file an Adjustment of Status application based on the dates outlined above.

WHAT SHOULD EMPLOYERS EXPECT?  

As specified in the Final Action Dates chart of the March Visa Bulletin, modest advancement across several employment-based visa categories is noted. As this is the first time this fiscal year that USCIS is honoring the more modest Final Action Dates chart for filing, applicants may find that their priority date is no longer available for purposes of filing an Adjustment of Status application in March. Accordingly, Employers are advised to submit Adjustment of Status applications for eligible applicants in February as it is uncertain if or when USCIS will honor the more advanced Dates for Filing chart again this fiscal year. With continued increased demand across all eligible employment-based categories and extensive processing delays associated with the PERM process, Employers may wish to consider commencing the green card process earlier for foreign national employees.

For additional information, please contact your designated Gibney representative or email info@gibney.com.